Bill Text: IL HB4098 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning eavesdropping.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4098 Detail]

Download: Illinois-2013-HB4098-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4098 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
720 ILCS 5/14-1 from Ch. 38, par. 14-1
Amends the Criminal Code of 2012. Makes a technical change in a Section concerning eavesdropping.
LRB098 15656 RLC 50687 b
A BILL FOR
HB4098 LRB098 15656 RLC 50687 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 14-1 as follows:
(720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
Sec. 14-1. Definition.
(a) Eavesdropping device.
An eavesdropping device is any device capable of being used
to hear or record oral conversation or intercept, retain, or
transcribe electronic communications whether such conversation
or electronic communication is conducted in person, by
telephone, or by any other means; Provided, however, that that
this definition shall not include devices used for the
restoration of the deaf or hard-of-hearing to normal or partial
hearing.
(b) Eavesdropper.
An eavesdropper is any person, including law enforcement
officers, who is a principal, as defined in this Article, or
who operates or participates in the operation of any
eavesdropping device contrary to the provisions of this
Article.
(c) Principal.

HB4098 - 2 - LRB098 15656 RLC 50687 b
A principal is any person who:
(1) Knowingly employs another who illegally uses an
eavesdropping device in the course of such employment; or
(2) Knowingly derives any benefit or information from
the illegal use of an eavesdropping device by another; or
(3) Directs another to use an eavesdropping device
illegally on his behalf.
(d) Conversation.
For the purposes of this Article, the term conversation
means any oral communication between 2 or more persons
regardless of whether one or more of the parties intended their
communication to be of a private nature under circumstances
justifying that expectation.
(e) Electronic communication.
For purposes of this Article, the term electronic
communication means any transfer of signs, signals, writing,
images, sounds, data, or intelligence of any nature transmitted
in whole or part by a wire, radio, pager, computer,
electromagnetic, photo electronic or photo optical system,
where the sending and receiving parties intend the electronic
communication to be private and the interception, recording, or
transcription of the electronic communication is accomplished
by a device in a surreptitious manner contrary to the
provisions of this Article. Electronic communication does not
include any communication from a tracking device.
(f) Bait car.

HB4098 - 3 - LRB098 15656 RLC 50687 b
For purposes of this Article, the term bait car means any
motor vehicle that is not occupied by a law enforcement officer
and is used by a law enforcement agency to deter, detect,
identify, and assist in the apprehension of an auto theft
suspect in the act of stealing a motor vehicle.
(Source: P.A. 95-258, eff. 1-1-08.)